(A) Drainage facility maintenance responsibility. Prior to acceptance and final-out of any subdivision public improvements construction work by the village and prior to release of any subdivision bond or surety, the owner/developer of any land intended for subdivision shall enter into a maintenance agreement with the village. Said agreement will obligate the owner/developer of the intended subdivision to maintain all private stormwater water drainage and stormwater detention facilities located within the boundaries of the development. Further said, agreement will be binding upon the successors, heirs and assigns of the developer (so as to create joint and several liability on all future property owners in the development) for maintenance of the drainage facilities located within the boundaries of the development. Such maintenance agreement shall be recorded in the Recorder’s Office of Champaign County, Illinois.
(B) F orm of maintenance agreement:
(1) The general form of the maintenance agreement shall be as set forth in an administrative rule.
(2) The maintenance agreement shall include a schedule for regular maintenance of each aspect of the development’s stormwater drainage facility system and shall provide to the village a perpetual easement for access above and across the property for the purpose of inspection of the drainage facility system. The maintenance agreement shall also stipulate that if the appropriate personnel of the village notify the owner(s), his/her/its successors, heirs, assigns, or the subsequent owners of property within the subdivision in writing of maintenance problems requiring correction, the owner(s), his/her/its successors, heirs, assigns, or the subsequent owners of property within the subdivision shall begin such corrections within 48 hours or such other time as is allowed by the Notice and shall not extend beyond the date for completion of work as established by the Notice. If the corrections are not made within this time period the village may have the necessary work completed and assess the cost to the owner(s), his/ her/its successors, heirs, assigns, or the subsequent owners of property within the subdivision pursuant to the maintenance agreement.
(Ord. 15-12-01, passed 12-15-2015)